RICHARD CARABALLO plf-ap, v. THE ART STUDENTS LEAGUE OF NEW YORK, ET AL., def-res

158. RICHARD CARABALLO plf-ap, v. THE ART STUDENTS LEAGUE OF NEW YORK, ET AL., def-res — Friedman Kaplan Seiler & Adelman LLP, New York (Robert S. Smith of counsel), for ap — Venable LLP, New York (Michael J. Volpe and Chaim Z. Kagedan of counsel), for The Art Students League of New York, Salvatore Barbieri, Susan Matz, Thomas E. Harvey, Mary Jo Anzel, Richard Baker, Beth Burns, Macaulay Campbell, Jack Gordon, Victoria Hibbs, Jill Krutick, Kit Seider and Len Sirowitz, res — Schlam Stone & Dolan LLP, New York (Richard H. Dolan of counsel), for Broadway Trio LLC and Extell Development Company, res — Appeal from order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered July 25, 2014, which granted defendants' motion for summary judgment dismissing the complaint, unanimously dismissed, without costs, as moot.

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158. RICHARD CARABALLO plf-ap, v. THE ART STUDENTS LEAGUE OF NEW YORK, ET AL., def-res — Friedman Kaplan Seiler & Adelman LLP, New York (Robert S. Smith of counsel), for ap — Venable LLP, New York (Michael J. Volpe and Chaim Z. Kagedan of counsel), for The Art Students League of New York, Salvatore Barbieri, Susan Matz, Thomas E. Harvey, Mary Jo Anzel, Richard Baker, Beth Burns, Macaulay Campbell, Jack Gordon, Victoria Hibbs, Jill Krutick, Kit Seider and Len Sirowitz, res — Schlam Stone & Dolan LLP, New York (Richard H. Dolan of counsel), for Broadway Trio LLC and Extell Development Company, res — Appeal from order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered July 25, 2014, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously dismissed, without costs, as moot.

Plaintiffs failed to apply for an injunction pending appeal — on the contrary, they moved for an enlargement of time within which to perfect the appeal — and construction is now “so far advanced that it could not be undone without undue hardship” (Matter of Weeks Woodlands Assn., Inc. v. Dormitory Auth. of the State of N.Y., 95 AD3d 747, 753 [1st Dept 2012], affd 20 NY3d 919 [2012]). Plaintiffs’ contention that Weeks Woodlands does not apply because the tower being built by defendants Broadway Trio LLC and Extell Development Company (together, Extell) is not substantially complete is without merit. Weeks Woodlands specifically says that “construction need not be virtually completed to render the dispute moot” (id. [internal quotation marks omitted]).

RICHARD CARABALLO plf-ap, v. THE ART STUDENTS LEAGUE OF NEW YORK, ET AL., def-res

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